scholarly journals Problems of concluding business contracts in electronic form

2021 ◽  
Vol 5 (S2) ◽  
pp. 751-763
Author(s):  
Valentyn S. Shcherbyna ◽  
Viktoriia V. Rieznikova ◽  
Valeria V. Radzyviliuk ◽  
Svitlana I. Bevz ◽  
Iryna M. Kravets
Keyword(s):  
Systematic Approach ◽  
Comprehensive Analysis ◽  
Electronic Signature ◽  
Electronic Signatures ◽  
Noticeable Increase ◽  
Electronic Form ◽  
Business Operations ◽  
Business Opportunities ◽  
New Business ◽  
Modern Technologies

Due to the evolution of modern technologies, first of all the internet, new business opportunities are emerging. Therefore, there is a need to find new forms of concluding contracts. To save time, more and more contracts are concluded in electronic form. In addition, in recent years, there has been a noticeable increase in the use of electronic signatures in business operations. Therewith, an electronic signature of documents is a convenient alternative to handwritten signatures. The purpose of the study is a comprehensive analysis of the problems of concluding business contracts in electronic form and a comparative legal study of the legislation of Austria, Great Britain, Germany, France, and Ukraine regarding the conclusion of such contracts at the international and European levels. The study is based on a systematic approach that helps to comprehensively study the problems of concluding business contracts in electronic form. Furthermore, the study is based on the laws and principles of dialectics, which also contribute to the study of the problems of concluding business contracts in electronic form. 

Computer Law of Tunisia: Promoting Secure E-Commerce Transactions with Electronic Signatures

2006 ◽  
Vol 20 (3) ◽  
pp. 240-267 ◽  
Author(s):  
Stephen Blythe
Keyword(s):  
Private Information ◽  
Western Europe ◽  
Electronic Document ◽  
National Agency ◽  
Electronic Signature ◽  
Electronic Signatures ◽  
Private Key ◽  
Business Operations ◽  
Statutory Requirement ◽  
Commerce Law

AbstractTunisia's Electronic Exchanges and Electronic Commerce Law ("ECL") was enacted for the purpose of achieving more security in E-commerce transactions. The ECL provides that: (1) electronic documents may be used to satisfy a statutory requirement for paper documents to be stored for a given period of time; and (2) an electronic signature affixed to an electronic document may be used to satisfy a statutory requirement for an ink signature to be executed on a paper document. The National Agency for Electronic Certification ("NAEC") licenses Certification Authorities ("CA") and regulates their business operations. The purpose of a CA is to verify the authenticity and integrity of an electronic signature that was created by its client—the "subscriber"—and the electronic document it is attached to. The CA issues a certificate to a subscriber containing evidence that her electronic signature was created with a private key that was issued to her by the CA. Tunisia recognizes certificates issued by a foreign CA that has met licensing requirements which are comparable to that of Tunisia. The CA carries potential liability for: the veracity of the information stated in the certificate; ensuring the cryptographic relationship between the private key and the public key (which is used by relying third parties to ascertain the electronic signature's authenticity); and for maintenance of security of the subscriber's private information. The subscriber has potential liability based on her duty to maintain security over the private key and to promptly inform the CA if the private key's security has been compromised. The ECL contains rules governing E-commerce contracts. Furthermore, it has some of the best consumer protections to be found anywhere. For example, Tunisian consumers have a 10-day window of opportunity to back out of the deal after an E-contract has been consummated. This is progressive and commendable; many consumers in Western Europe and North America do not enjoy such a protection. The ECL also contains a list of computer crimes and punishments:fines (up to 10,000 dinars) may be assessed for these infractions, and imprisonment may be imposed against a cyber-seller who uses coercion or trickery against a consumer.

scholarly journals Legal Regulation of International Commercial Electronic Contracts. Technological and Legal Aspects of Electronic Signature

Lex Russica ◽  
2020 ◽  
pp. 115-126
Author(s):  
D. A. Lovtsov ◽  
L. V. Terenteva
Keyword(s):  
General Rule ◽  
Legal Regulation ◽  
Legal Aspects ◽  
International Standards ◽  
Vienna Convention ◽  
Electronic Communications ◽  
Electronic Signature ◽  
Electronic Signatures ◽  
Cross Border ◽  
Electronic Form

In the modern realities of converting document flow to the digital plane, the issues of validity of contracts concluded in electronic form, as well as the conditions for recognizing an electronic signature, are of particular importance. In this regard, the authors turn to the study of the provisions of the United Nations Convention on the Use of Electronic Communications in International Contracts of 2005, as well as other international trade agreements to clarify their applicability to cross-border contracts concluded in electronic form.In the paper, the authors raise the question of the validity of an electronic cross-border transaction that falls under the regulation of the Vienna Convention on Contracts for the International Sale of Goods of 1980, the USSR reservation to which on the inadmissibility of concluding a contract not in writing, but in any form, continues to apply. In this regard, the authors explore the possibility of interpreting article 13 of the 1980 Vienna Convention containing the definition of the "written form", outside of the general rule of interpretation of the provisions of the 1980 Vienna Convention provided for in article 7.Based on the comparative analysis of national and international legal norms, norms of soft law regulating electronic documents, the authors reveal a number of problems arising from the lack of specificity of the mechanism of recognition of foreign electronic signatures in Russia and put forward proposals for their solution. To this end, the authors explore the possibilities of developing international standards for the compatibility of technological algorithms for electronic digital signatures using an asymmetric scheme, based on which foreign certificates of electronic signature keys can be recognized. 

scholarly journals THE USE OF ELECTRONIC SIGNATURES WHEN RECEIVING GOVERNMENT SERVICES OF THE PENSION FUND OF THE RUSSIAN FEDERATION

2019 ◽  
pp. 10-15
Author(s):  
S. V. Kolmakov
Keyword(s):  
Russian Federation ◽  
Public Services ◽  
Pension Fund ◽  
Certification Authority ◽  
Pension Insurance ◽  
Electronic Signature ◽  
Electronic Signatures ◽  
Government Services ◽  
Electronic Form ◽  
The Russian Federation

The provision of state services in electronic form today is one of the innovative directions of development of mechanisms for implementing the functions of state bodies. This was made possible by the improvement of information technology and the use of electronic signatures to give legal significance to documents in electronic form. The article raises the legal and technical issues of using electronic signatures in the practice of providing public services to the Pension Fund of the Russian Federation in electronic form.In the first part of the article, based on an analysis of federal regulatory legal acts in the field of public services and the use of electronic signatures, it is concluded about the types of electronic signatures used in the provision of public services in electronic form, as well as by what means the applicant can check the availability and validity of the electronic signature on received documents as a result of the provision of services.The second part analyzes the use of electronic signatures in the provision of two selective government services of the Pension Fund of the Russian Federation (informing insured persons about the status of their individual personal accounts in the compulsory pension insurance system and informing citizens about the category of citizens of pre-retirement age) through the Unified portal of public services and the personal account of the insured Pension Fund of the Russian Federation website. The author verifies the validity of electronic signatures on documents obtained as a result of an experiment using the services of the Unified Portal of State Services and a commercial accredited Certification Authority.

ISO 9001: 2015 Standard as the New Business Opportunities

2015 ◽  
Vol 4 (4) ◽  
pp. 33-36 ◽  
Author(s):  
Девяткин ◽  
Olyeg Dyevyatkin
Keyword(s):  
Economic Evaluation ◽  
Competitive Advantage ◽  
Global Economy ◽  
Comprehensive Analysis ◽  
Iso 9001 ◽  
Practical Application ◽  
Business Opportunities ◽  
New Business ◽  
Further Development

The new requirements of ISO 9001:2015 are designed to meet the changing conditions in the global economy, innovations in the field of enterprise management and practical application of QMS. The new version of ISO 9001:2015 standard is a progressive step in terms of further development of QMS. The proposed methodology for economic evaluation of QMS, based on the results and financial effects obtained, allows for a comprehensive analysis of the effects of QMS introduction. Application of QMS based on the new standard, provides for a competitive advantage to organizations, seeking for leadership.

PROSPEK USAHA INOVASI SPEAKER DAN PAJANGAN UNIK UPAYA PEMANFAATAN LIMBAH GULUNGAN KERTAS

2019 ◽  
Vol 2 (2) ◽  
pp. 171
Author(s):  
Saputri Rizki Ramadhanti ◽  
Joti Dina Kartikasari ◽  
Alfian Muttoqim Muttoqim ◽  
Umi Farida Farida ◽  
Amanda Oktaviani Amanda
Keyword(s):  
College Students ◽  
Social Media ◽  
Economic Value ◽  
Waste Paper ◽  
Direct Selling ◽  
Paper Waste ◽  
Entrepreneurial Spirit ◽  
Surrounding Environment ◽  
Business Opportunities ◽  
New Business

The amount of paper waste, especially paper waste of yarn rolls in the socks manufactured factory and the convection industry that has not been used to get high economic value is an opportunity to open a new business, especially in the electronic and art craft product. SEPIK PANIK (Speaker of Music and Unique Display of Waste Paper Rolls) is an innovation from processing paper waste to be a unique speaker. The purposes of this program are: 1) Utilizing paper waste to get high selling value. 2) Creating handmade products from paper waste into speakers as well as unique creative display. 3) To accommodate the desire of college students who have entrepreneurial spirit and artistic creations to open new business opportunities. The method of make this SEPIK PANIK product includes 1) Making paper tube of speaker and 2) Making a Unique Display. The Sales of this product have been carried out during May to August 2019, products that have been sold are 34 units, obtained a profit of Rp. 1.170,000. Sales and promotion methods are carried out both online through social media and offline, namely direct selling and consignment. Based on these results, this business is very profitable and can benefit the surrounding environment.

New Business Opportunities Based on Biogenic Carbon Dioxide Utilisation

2019 ◽  
Author(s):  
Janne Kärki ◽  
Tomi Thomasson ◽  
Kristian Melin ◽  
Marjut Suomalainen ◽  
Heidi Saastamoinen ◽  
...  
Keyword(s):  
Carbon Dioxide ◽  
Biogenic Carbon ◽  
Business Opportunities ◽  
New Business ◽  
Carbon Dioxide Utilisation

Aspects of Importance Related to Arctic DP Operations

2012 ◽  
Author(s):  
Arne Gürtner ◽  
Bror Henrik Heier Baardson ◽  
Glenn-Ole Kaasa ◽  
Erik Lundin
Keyword(s):  
Boundary Conditions ◽  
New Technology ◽  
Open Water ◽  
The Arctic ◽  
Dynamic Positioning ◽  
Positioning Systems ◽  
Business Opportunities ◽  
New Business ◽  
Drifting Ice

International operators are seeking, investigating and pursuing new business opportunities in the Arctic. While operating in the Arctic, there will be a considerable need for vessels to keep their position during various operations which may include lifting, installation, crew change, evacuation, and maybe drilling. Opposed to open water, the drifting ice poses severe limitations as to how stationkeeping operations may be carried out. Dynamic positioning systems are currently developed aiding stationkeeping without mooring systems. There is a considerable need to enhance the open water DP systems for use in a new forcing environment. Essentially a new technology has to be developed with time. For that reason, considerable knowledge is required concerning current limitations and boundary conditions. This paper addresses some of the generic challenges related to DP operations in ice together with relevant learnings which are employed in mentioned DP enhancements.

scholarly journals STARTUP AS A NEW CONTENT IN ENTREPRENEURSHIP

2020 ◽  
pp. 26-32
Author(s):  
I. Mazur
Keyword(s):  
Global Economy ◽  
New Product ◽  
Entrepreneurial Activity ◽  
Short Term ◽  
New Business ◽  
History Of ◽  
Characteristic Features ◽  
Business Entities ◽  
Theoretical Foundations ◽  
Modern Technologies

The article studies theoretical foundations for the essence of entrepreneurship and entrepreneur; specifics in defining the concept of “entrepreneur” by representatives of economic schools; four stages of formation of the theories of entrepreneurship, where the characteristic features of the entrepreneur that changed under the influence of socio-economic development (external environment) are analyzed. Based on the economic characteristics of changes in the development of macro and micro levels, the emergence of new types of entrepreneurial activity – startups – is justified; a startup is defined as a fast-growing entity of small innovative entrepreneurship with a short-term history of operations, which operates in conditions of uncertainty and aims to create a fundamentally new product to meet the specific needs of consumers. The logic of forming of the concept of entrepreneur-startupper in the structural scheme is substantiated; the characteristic of a startuper as a peculiar combination of transformed traits of an entrepreneur in accordance to the stages of development of the theory of entrepreneurship is given; the characteristic features of the startupper are revealed; the peculiarities of the functioning of startups in Ukraine are analyzed. The characteristic of the special features of the startup entrepreneur is offered; further study of theories of entrepreneurship in accordance to the trends of the global economy under uncertainty, as well as the study of the features of development and functioning of new business entities – startups as a solution for unmet consumer needs and how to use modern technologies to create a new product, are justified.

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